The Executive Director of the Ghana Center for Democratic Development (CDD-Ghana), Professor H. Kwasi Prempeh, has raised concerns about the current process for removing justices of the superior courts, particularly in light of the recent suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
Prof. Prempeh criticized Article 146 of the 1992 Constitution, which outlines the procedure for the removal of superior court justices. “I have at least two problems with Article 146 in its present form,” he said. “First is the secrecy or lack of transparency concerning the removal petition. The public must not be kept in the dark as to why a removal petition failed or succeeded.”
He argued that public confidence in the judiciary hinges on access to information and accountability. “The grounds and evidence in support of the committee’s decision, whichever way it goes, must be made public, so that the public, too, can judge for themselves as to whether justice was served in the matter,” he emphasized.
Prof. Prempeh also questioned the composition of the five-member committee tasked with investigating removal petitions, especially in cases involving the Chief Justice. “Where the removal petition pertains to a Chief Justice, no sitting judge should be included in the five-person removal committee,” he said, recommending the use of retired jurists or career public servants to avoid potential conflicts of interest.
“Better to keep a President out of the removal process, except to implement, after the fact, the final outcome of the process as determined by an independent removal committee,” he added.
